MARINA COAST WATER DISTRICT, Respondent Appellant, V. AG LAND TRUST, Petitioner/Respondent: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, No. H038550, OPENING BRIEF OF APPELLANT MARINA COAST WATER DISTRICT

ABSTRACT: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, MARINA COAST WATER DISTRICT, Respondent Appellant, V. AG LAND TRUST, Petitioner Respondent, No. H038550, OPENING BRIEF OF APPELLANT MARINA COAST WATER DISTRICT is embedded. Importantly, CONCLUSION The superior court prejudicially erred in determining that it had jurisdiction to "review, reverse, correct, or annul" final, conclusive Commission decisions. (Pub. Util. Code §1759, subd. (a).) The trial court's clear error in determining that it had jurisdiction to decide ALT's CEQA petition resulted in an extraordinary failure of justice. Not only does the judgment below punish MCWD for following the law, but it casts a cloud of uncertainty over the ongoing effort of numerous parties presently before the Commission to secure a stable, environmentally sound water supply for the Monterey Peninsula, and it requires the unwinding of a complex good faith property transfer between the Armstrong Family and MCWD that became final more than two years ago. MCWD's section 1759 argument is dispositive of this appeal. However, if the Court were to reach MCWD's remaining jurisdictional and merits arguments, each of those arguments is similarly dispositive of this appeal in MCWD's favor.
For all of the foregoing reasons, the Court should reverse the April 17, 2012 Judgment, including the award of costs to ALT, and direct the Monterey County Superior Court to dismiss or deny the CEQA petition in its entirety and enter judgment for MCWD.

Opening Brief of Appellant Mcwd h038550

APPELLANT’S BRIEF

MARINA COAST WATER DISTRICT, Respondent Appellant, V. AG LAND TRUST, Petitioner/Respondent

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

No. H038550